LAW 9327 - International Commercial Arbitration: Theory and Practice

The first module will provide students with the necessary doctrinal background in relation to key arbitration topics, such as validity and interpretation of arbitration agreements, the notion of arbitrability, the importance of the place of arbitration, the role and mandate of arbitrators, the challenge and enforcement of arbitral awards. It also looks into procedural issues that frequently arise in arbitration hearings. Here students will learn how to challenge the jurisdiction of an arbitral tribunal; whether it is best to challenge the tribunal’s jurisdiction before a national court or the tribunal itself; how to request interim relief/injunction to support and protect their arbitral claims; how to bring a third party before a tribunal by joinder or how to bring more claims against the same party.

All these topics will be discussed by reference to arbitration case studies. Thus, during this module, students will have to consider the factual and legal issues of three Arbitration Cases which will then be used for the “Mock Arbitration” sessions in the second module.

In the second module, students will focus on advocacy in arbitral proceeding. Topics include techniques to develop a winning theory of the case, the art of the opening statement, effective presentation of documentary evidence, the use of experts, cross examination, and overall interaction with the tribunal and opposing counsel. This module takes the form of three “Mock Arbitrations” where students will have to apply the arbitration and advocacy theory of the previous sessions before a panel of experienced arbitrators.

It should be noted that the course takes a international and comparative approach, looking into arbitration rules of the most well known institutions (such as the ICC and LCIA), as well as the arbitration laws of major national jurisdictions (such as England, France and Switzerland). (London Study Abroad Program)

J‑Term or Summer Only Course

Credits: 2 Credits